Hi,
I am a US citizen and want to file for GC for my 83 years old father.
He has been coming to stay in the states for 6 months for last few years.
I would like to file I130 when he is in the US.
I see the processing time is around 5 months and one of the links also said if the person you are filing for is already in the US you need to file form I485.
Confusion is I485 instructions say you can not file for I485 until the priority dates are current.
Looking at the visa bulletin - Family based category 1st has 2005 as a priority date.
What does this mean?
1) Do I need to file I130 only?
2) Can we file for I485 even if the priority date is not current?
3) Even if I130 gets approved in five months - does he need to leave the country before his visitor visa expires?
4) If #3 is - yes, will he have any issues re-entering the country after couple of months?
5) Is there any exceptions to the rule to get out of priority date - age/medical certificate that will allow me to file for I485?
Thank you so much for your help.
I am a US citizen and want to file for GC for my 83 years old father.
He has been coming to stay in the states for 6 months for last few years.
I would like to file I130 when he is in the US.
I see the processing time is around 5 months and one of the links also said if the person you are filing for is already in the US you need to file form I485.
Confusion is I485 instructions say you can not file for I485 until the priority dates are current.
Looking at the visa bulletin - Family based category 1st has 2005 as a priority date.
What does this mean?
1) Do I need to file I130 only?
2) Can we file for I485 even if the priority date is not current?
3) Even if I130 gets approved in five months - does he need to leave the country before his visitor visa expires?
4) If #3 is - yes, will he have any issues re-entering the country after couple of months?
5) Is there any exceptions to the rule to get out of priority date - age/medical certificate that will allow me to file for I485?
Thank you so much for your help.
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